Bill Details - HB1735 (2018)

HB 1735-FN-A - AS INTRODUCED

 

 

2018 SESSION

18-2577

04/03

 

HOUSE BILL 1735-FN-A

 

AN ACT relative to the use of funds in the drug forfeiture fund.

 

SPONSORS: Rep. Phinney, Straf. 24; Rep. McConnell, Ches. 12

 

COMMITTEE: Judiciary

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill requires a portion of the moneys from the drug forfeiture fund to be credited to the alcohol and drug abuse prevention and treatment fund to be used for alcohol and drug abuse education, prevention, and treatment programs.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2577

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to the use of funds in the drug forfeiture fund.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Controlled Drug Act; Drug Forfeiture Fund.  Amend RSA 318-B:17-c, I-II to read as follows:

I.  There is hereby established within the office of the state treasurer a special revolving fund to be designated as the drug forfeiture fund.  This fund shall be administered by the attorney general and may be used to pay the costs of local, county, and state drug related investigations, [as well as] drug control law enforcement programs within New Hampshire, and alcohol and drug abuse prevention and treatment programs in New Hampshire.  The fund may also be used to pay extraordinary costs of local, county, and state drug prosecutions and trial expenses.

II.  Of the amount in the fund:

(a)  Sixty percent shall be available as grants to law enforcement agencies.  Law enforcement agencies may apply to the department of justice for grants from the forfeiture fund.  Such grants shall be utilized exclusively for meeting expenses associated with drug related investigations.  The attorney general shall report 60 days after the close of each fiscal year to the governor and council and to the fiscal committee of the general court a detailed accounting of the grants provided to law enforcement agencies under this paragraph by agency, including the department of safety, and the amount forwarded to the department of health and human services, bureau of drug and alcohol services, for the preceding fiscal year.  The attorney general's report shall also include a detailed accounting of the costs of investigations, enforcement programs, and prosecutions paid under paragraph I.

(b)  The remainder shall be credited to the alcohol and drug abuse prevention and treatment fund established in RSA 176-A:1 for the purpose of making grants to charitable organizations and nonprofit agencies that provide drug abuse intervention, treatment, and rehabilitation programs.

2  Alcohol Abuse Prevention and Treatment Fund.  Amend the chapter heading in RSA 176-A and RSA 176-A:1 to read as follows:

CHAPTER 176-A

ALCOHOL AND DRUG ABUSE PREVENTION AND TREATMENT FUND

176-A:1  Alcohol and Drug Abuse Prevention and Treatment Fund.

I.  There is hereby established an alcohol and drug abuse prevention and treatment fund to fund alcohol and drug education [and], abuse prevention, and treatment programs.

II.  The fund shall be nonlapsing and continually appropriated for the purposes of funding alcohol and drug education [and], abuse prevention, and treatment programs.  The state treasurer shall invest the moneys deposited in the fund as provided by law.  Interest earned on moneys deposited in the fund shall be deposited into the fund.

III.  Moneys shall be disbursed from the fund upon the authorization of the governor's commission on alcohol and drug abuse prevention, treatment, and recovery established pursuant to RSA 12-J:1.  Funds disbursed shall be used for alcohol and other drug abuse prevention, treatment, and recovery services, for providing grants to charitable organizations and nonprofit agencies that provide drug abuse intervention, treatment, and rehabilitation programs, and for other purposes related to the duties of the commission under RSA 12-J:3.

3  Application of Receipts; Alcohol Abuse Prevention and Treatment Fund.  Amend RSA 6:12, I(b)(72) to read as follows:

(72)  Moneys deposited in the alcohol and drug abuse prevention and treatment fund established in RSA 176-A:1.

4  Governor's Commission on Alcohol and Drug Abuse Prevention, Treatment, and Recovery; Duties.  Amend RSA 12-J:3, V to read as follows:

V.  Authorize the disbursement of moneys from the alcohol and drug abuse prevention and treatment fund, pursuant to RSA 176-A:1, III.

5  Liquor Commission; Funds.  Amend RSA 176:16, III to read as follows:

III.  3.4 percent of the previous fiscal year gross profits derived by the commission from the sale of liquor shall be deposited into the alcohol and drug abuse prevention and treatment fund established by RSA 176-A:1.  For the purpose of this section, gross profit shall be defined as total operating revenue minus the cost of sales and services as presented in the state of New Hampshire comprehensive annual financial report, statement of revenues, expenses, and changes in net position for proprietary funds.

6  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

18-2577

11/16/17

 

HB 1735-FN-A- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the use of funds in the drug forfeiture fund.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

$0

$0

$0

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [    ] Other

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

 

METHODOLOGY:

This bill would require 40% of the money deposited in the drug forfeiture fund to be credited to the alcohol and drug abuse prevention and treatment fund.  The amount of the fund used for law enforcement activity and grants would be reduced by 40% to 60%.  

 

The Department of Justice administers the drug forfeiture fund.  The Department indicates the fund support the efforts of the Attorney General's Drug Task force, grants to county and local law enforcement agencies and the Departments of Safety and Corrections for drug control and enforcement programs.  The Department is not able to project future revenue to the fund, but provides that revenue to the fund has averaged $107,632 over the last three years.  Based on this average, $40,052 less would have been available for law enforcement activity and grants.

 

The Department of Health and Human Services indicates the additional money deposited in the alcohol and drug abuse prevention and treatment fund would be managed by the Governor's Commission on Alcohol and Drug Abuse Prevention. Treatment, and Recovery.  The Department indicates the fiscal impact is indeterminable as the future revenue to the drug forfeiture is not known.

 

The Department of Safety assumes this bill would have no impact on the Department's revenues or expenditures.

 

AGENCIES CONTACTED:

Departments of Justice, Health and Human Services and Safety

 

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Judiciary HJ 1 P. 21
Jan. 16, 2018 Public Hearing: 01/16/2018 10:00 AM LOB 208
Jan. 30, 2018 Executive Session: 01/30/2018 02:00 PM LOB 208
Feb. 7, 2018 Committee Report: Inexpedient to Legislate for 02/07/2018 (Vote 14-1; CC) HC 5 P. 10
Committee Report: Inexpedient to Legislate (Vote 14-1; CC)
Feb. 8, 2018 Inexpedient to Legislate: MA VV 02/08/2018 HJ 3 P. 8

Action Dates

Date Body Type
Jan. 16, 2018 House Hearing
Jan. 30, 2018 House Exec Session
House Floor Vote
Feb. 7, 2018 House Floor Vote

Bill Text Revisions

HB1735 Revision: 2215 Date: Nov. 17, 2017, 9:28 a.m.